That pisses me off to no end 
Turn this around were the victim a 4 year old girl raped by a 200 pound monster, would the courts have allowed the attacker to run loose ??? Perhaps as the laws are so weird today. The victim has little rights but the accused has the power of the Constitution and State laws to defend them.
I cannot imagine the terror this little boy went through as a child just a few months out of being in the toddler stage. Hopefully he will at this age forget some what, what happend.
When do we start holding parents or care takers responsible the actions of their kids ???? We cannot hold Children for the actions for their parents, but we sure need to start holding parents responsible for the actions of their own children.